As earlier reported, the U.S. Department of Labor (DoL) appealed the decisions of the U.S. District Court that invalidated the new rules issued by the Department that would have redefined the “companionship services” exemption from the minimum wage and overtime compensation requirements under the Fair Labor Standards Act (FLSA). The court also invalidated the rule change that would prohibit the application of the companionship services and live-in domestic services exemptions to workers employed by home care companies. This article is an update of the actions that have occurred since DoL filed its appeal.

The Court of Appeals for the District of Columbia has set a briefing scheduled for the parties that will be completed in early April. Oral argument before a three-judge panel has been scheduled for May 7, 2015. With such scheduling, it is very possible that a decision could be issued before the court goes on its July recess. Still, the timing of when a ruling will be issued is very hard to predict.

The DoL filed its initial brief on February 20. In it, DoL argues that the district judge made a series of errors in interpreting the FLSA as well as court rulings on how to determine if a rule is within the power of a federal agency. DoL’s central argument is that the U.S. Supreme Court established that it is within the discretion of DoL to define and delimit the FLSA exemptions at issue. DoL further argues that its discretionary action must be upheld unless it is arbitrary and capricious. DoL’s position is that it has a reasonable basis to change the 40 year old rule because of the changes in the home care industry, the “professionalization” of home care aide work, and the shift of the work to a vocation rather than an avocation. These are the same arguments made by DoL at the district court level that were rejected.

Adopting Information Technologies for Post-Acute and Long-Term Care: Achieving Care ContinuityCapitol Hill briefing focuses on IT tools for home care and long-term care

What is the outlook for health IT? An expert panel recently addressed this question at a Capitol Hill briefing “Adopting Information for Technologies for Post-Acute and Long-Term Care: Achieving Care Continuity.” The briefing is part of a series of educational programs sponsored by the Capitol Hill Steering Committee on Telehealth and Healthcare Informatics in collaboration with the American Health Care Association (AHCA) and National Association for Home Care & Hospice (NAHC). It brought together federal agency leaders and industry experts at the Russell Senate Office Building where they explored ways health IT supports care delivery networks, drives value-based payment, and supports quality outcomes. The panel also discussed how some providers use health IT to engage with accountable care organizations (ACOs) and health plans, participate in bundled payment arrangements, and develop innovative practices like telehealth and monitoring sin homes.

Health IT is a must in terms of long-term care continuity because “we can’t keep relying on physicians’ offices,” said Neal Neuberger, panel moderator and executive director of The Healthcare Information and Management Systems Society (HIMSS) Foundation’s Institute for e-Health Policy. His organization provides critical educational opportunities in the Washington, DC, area for public- and private-sector stakeholders who make health policy or are affected by it.

Hear Leading Voices in Congress Talk About the Importance of Homecare and Hospice at the March on Washington’s Tuesday Senate Breakfast and Wednesday House Breakfast!

This year, attendees to NAHC’s March on Washington will be able to hear from leading home care and hospice advocates from both the House of Representatives and the Senate.

These breakfasts will bring together some of the leading voices in Congress. Come hear their perspectives on the 2015 legislative agenda, receive guidance on how home care and hospice providers can more effectively advocate for their patients and employees, and show appreciation to those who have worked so hard on our behalf in recent years.

Congressional breakfasts routinely rank as the highlight of the March on Washington, and this year’s is not to be missed.

The March on Washington is being held March 22 – 25 at the historic Mayflower Renaissance Hotel in Washington, DC.